Degree course: 
Corso di Second cycle degree in ECONOMICS, FINANCE AND BUSINESS LAW
Academic year when starting the degree: 
Academic year in which the course will be held: 
Course type: 
Optional subjects
First Semester
Standard lectures hours: 
Detail of lecture’s hours: 
Lesson (40 hours)

Knowledge of the institutional principles of the Italian civil and commercial law.

Final Examination: 

Written examination at the end of the course, both for student attending class and for students who have not attended class. Written assignment will include two open answer questions and will take place over an hour. The results of the examination are expressed on thirtieth scale. The minimum mark for passing the examination is 18/30. Laude will be given in case of complete answers, characterized by personal elaboration.
Exam method and program are the same for attending and non-attending students.
No interim examinations are provided during the course.

Voto Finale

The purpose of this course is to introduce the students to the basic contractual schemes and to the main juridical issues of banking and financial transactions.
At the end of the course, in terms of knowledges, students will be able to understand the contents and the legal consequences of the main banking and financial transactions. In terms of skills, students will be able to recognize, in a contractual text, clauses that are spoiled or non-compliant with the legal and regulatory requirements.

This course deals with the banking and financial contracts regulation, with particular reference to the recent legislation and the relevant courts decisions. Moreover, contractual schemes will be analyzed, on the base of the examined rules and principles. Specifically:

Banking contracts
The banking contracts regulation according to the Italian civil code (loan agreements; bank account; credit opening; bank deposit; bank advance; bank discount)
The banking contracts regulation according to Italian legislative decree n. 385/93 (Testo Unico Bancario)
Analysis of the relevant Court decisions regarding the above listed contracts
Analysis and discussion on contractual forms

Financial contracts
The service agreement for the financial intermediation activities between state law and Consob regulation (with reference, in particular, to the definition of “financial instruments”)
Derivatives contracts (with reference, in particular, to the qualified intermediary status)
Door to door selling and distance marketing of investment services and activities and financial instrument
Agreements relating to collective portfolio management
Markets’ regulation
Rules concerning the financial intermediaries behavior
Remedies for breach of contract (suit for damages, rescission, invalidity)
Analysis of the relevant Court decisions
Analysis and discussion on contractual forms
About half of the course will be devoted to the part relating to banking contracts; the other half will be devoted to financial contracts.

Gitti, Maugeri, Notari, I contratti per l’impresa, vol. II, Banca, mercati, società, Il Mulino, Bologna, 2012, chapters I, III, IV, V, VI, VII, IX, X, XI, XII, XIII, XIV, XV, XVI only.
An updated edition of the Italian civil code. Codice civile e leggi collegate, collected by G. De Nova, Zanichelli, last edition, is recommended.

Mode of Delivery: No. 40 lectures. Lessons will deal also with the analysis of the Court decisions concerning the contracts under consideration, as well as with the examination and discussion of contractual form.

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